Stay of execution

Leicester Circuits Ltd v Coates Brothers Plc (CA 20 March)

The normal rule is that a stay of judgment will not be granted pending an appeal. For the purposes of determining whether a stay of execution on a judgment debt should be lifted in the interests of justice, the answer might well depend on the perceived strength of the appeal. In the present case the court lifted the stay because the claimant was prima facie entitled to his judgment and the defendant had a hard task ahead in relation to its appeal.